- These Terms and Conditions shall govern your use of our website, whether you are a reader, a writer, an editor or a designer.
- By using our website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our website.
- If you register with our website, submit any material to our website (Material) or use any of our website services, we will ask you to expressly agree to these Terms and Conditions. If you have been convicted of any criminal offence relating to any sexual crime, you must not register with our website.
- You must be at least 16 years of age to use our website; and by using our website or agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 16 years of age.
- In these Terms and Conditions, "we", "us" and "our" refers to iWrite iRead and the services that we provide as detailed in the website Home page in respect of readers, writers, editors and designers (Services).
- You agree to ensure that your Registration details, including your name and email address, are true and accurate at all times and you undertake to update your Registration details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your Membership and your acceptance for Registration in the future will be at our discretion.
- On Registration, we will provide you with a password. On Registration, you agree to pay for those Services as set out on our website.
- We reserve the right to terminate your Membership at any time if you have breached these Terms and Conditions.
- Subject to the express provisions of these Terms and Conditions and as detailed in the Services:
a) we, together with our licensors, own and control all the copyright and other intellectual property rights in and on our website (except where as otherwise stated); and
b) all the copyright and other intellectual property rights in our website are reserved.
Licence to Use Website
- You may:
- Except as expressly permitted by Section 4.1 or the other provisions of these Terms and Conditions, you must not download any Material from our website or save any such Material to your computer.
- You may only use our website for the purpose of engaging in the Services and you must not use our website or the Material for any other purposes.
- Except as expressly detailed in the Services and as permitted by these Terms and Conditions, you must not edit or otherwise modify our website or any Material on our website.
- Unless you own or control the relevant rights in the Material, you must not:
- We reserve the right to restrict access to our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
a) view pages from our website;
b) download pages from our website;
c) print pages from our website;
subject to the other provisions of these Terms and Conditions and as detailed in the Services.
a) republish Material from our website (including republication of another webstie);
b) sell, rent or sub-license Material from our website;
c) show any Material from our website in public;
d) exploit Material from our website for a commercial purpose; or
e) redistribute Material from our website.
- You must not:
- You must indemnify us and keep us indemnified at all times in respect of any loss, cost, claim or demand relating to all of those matters detailed in Sections 5.1 (a) to 5.1 (f) inclusive.
- You must not use data collected from our website to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non misleading.
a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c) use our website to copy, store, host, transmit, send, use, publish or distribute any Material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
e) access or otherwise interact with our website using any robot, spider or other automated means;
f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
User IDs and Passwords
- If you register to be a Member on our website, *we will provide you with I *you will be asked to choose, a user ID and password.
- Your user ID must not be liable to mislead and must comply with the content rules set out in these Terms and Conditions; you must not use your account or user ID for or in connection with the impersonation of any person.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
Cancellation and Suspension of Account
- You may cancel your Membership on our website using your account control panel on the website.
a) suspend your Membership and your account;
b) cancel your Membership and your account; and/or
c) edit your account details,
at any time in our sole discretion without notice or explanation.
Your Content Licence
- In these Terms and Conditions, "your content" means all works and Materials (including without limitation text, graphics, images, audio Material, video Material, audio-visual Material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- When you provide your Material, you retain ownership of the copyright and intellectual property in the content of that Material, however, you grant to us a Worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media I reproduce, store and publish your content on and in relation to this website and any successor website I reproduce, store and, with your specific consent, publish your content on and in relation to this website in order to promote iWrite iRead.
- You grant to us the right to sub-license the rights licensed under Section 8.2.
- You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
- You hereby waive all your moral rights in your Material to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your Material have been waived to the maximum extent permitted by applicable law for the purpose of Section 8.2.
- You may edit your Material to the extent permitted and as detailed in the Services using the editing functionality made available on our website.
- Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, unpublish or edit any or all of your Material.
Your Material Rules
- You warrant and represent that your Material will comply with these Terms and Conditions and as detailed in Services.
- Your Material must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case, in any jurisdiction and under any applicable law).
- Your Material, and the use of your Material by us in accordance with these Terms and Conditions, must not:
- You must indemnify us and keep us indemnified at all times in respect of any loss, cost, claim or demand relating to all of those matters, detailed in Sections 9.1 to 9.3 inclusive.
a) be libellous or maliciously false;
b) be obscene or indecent;
c) nfringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
d) infringe any right of confidence, right of privacy or right under data protection legislation;
e) constitute negligent advice or contain any negligent statement;
f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
g) be in contempt of any court, or in breach of any court order;
h) be in breach of racial or religious hatred or discrimination legislation;
i) be in breach of official secrets' legislation;
j) be in breach of any contractual obligation owed to any person;
k) depict violence in an explicit, graphic or gratuitous manner;
l) be pornographic or sexually explicit;
m) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
n) use the Services for political speech or advancement;
o) plagiarize any other person's work; or
p) be offensive, defamatory, fraudulent, vitriolic, malicious, vile, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
- We do not warrant or represent:
- We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of the Services, or if we stop publishing the website.
- To the maximum extent permitted by applicable law and subject to these Terms and Conditions, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our Services and the use of our website.
a) the completeness or accuracy of the information published on our website;
b) that website is up to date; or
c) that the website or any of the Services will remain available.
Limitations and Exclusions of Liability
- Members using the Services acknowledge, understand and accept that editorial is a subjective process and that the personal taste, experience and view of an editor will affect and influence the editing of a writer's work that an author may find unacceptable or objectionable. Writer's may accept or reject any editing of their work, at their discretion, but a writer shall not have any right to make any claim or demand against an editor or iWrite iRead in respect of the same.
- The limitations and exclusions of liability set out in this Section 11 and elsewhere in a contract under these Terms and Conditions govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract or as permitted by Law.
- Subject to Australian Consumer Law, to the fullest extent provided by law, we will not be liable for any loss or damage of any nature arising out of your use of our Services or our website and you hereby release us in relation to the same.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting personal liability and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against any of our officers or employees in respect of any losses you may suffer in connection with the website or these Terms and Conditions.
Breaches of These Terms and Conditions
- Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
a) send you one or more formal warnings;
b) temporarily suspend your Membership and your access to our website;
c) cancel your Membership and permanently prohibit you from accessing our website;
d) block computers using your IP address from accessing our website;
e) contact any or all of your internet service providers and request that they block your access to our website;
f) commence legal action against you, whether for breach of contract or otherwise; and/or
g) suspend or delete your account on our website.
- We may revise these Terms and Conditions from time to time.
- The revised Terms and Conditions shall apply to the use of our website from the date of publication of the revised Terms and Conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions. In our discretion, we may give you written notice of any revision of these Terms and Conditions. Of you do not agree to the revised Terms and Conditions, you must stop using our website.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
- You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
- If a provision of a contract under these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of a contract under these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
- A contract under these Terms and Conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties' rights under a contract under these Terms and Conditions is not subject to the consent of any third party.
- These Terms and Conditions, together with our Privacy and cookies' policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and Jurisdiction
- A contract under these Terms and Conditions shall be governed by and construed in accordance with the Laws of Victoria, Australia.
- Any disputes relating to a contract under these Terms and Conditions shall be subject to the exclusive I jurisdiction of the courts of Victoria, Australia.